The role of criteria in defining health need, and the potential effect on open-ended rights to NHS care, need to be considered in light of the prior erosion of rights associated with changes in continuing care provision.

This paper examines whether the development of eligibility criteria has led to a loss of entitlements to NHS care.

Analysis of empirical evidence from a study of the policies and criteria of six health authorities found that criteria for fully funded care were generally well defined and restricted access to those with very intense and specialist needs, thereby constituting a loss of rights.

In contrast, the criteria for community-based services left eligibility dependent on professional discretion but often failed to clarify the relationship between individual need and levels of service provision.

The research found that resource limits are likely to remain a factor in the allocation of services and this will affect the status of the criteria as potential entitlements.